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A BILL TO BE ENTITLED
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AN ACT
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relating to charitable organizations, including charitable |
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organizations that may conduct prescribed burning. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.003(1), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(1) "Charitable organization" means: |
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(A) any organization exempt from federal income |
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tax under Section 501(a) of the Internal Revenue Code of 1986 by |
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being listed as an exempt organization in Section 501(c)(3) or |
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501(c)(4) of the code, if it is a corporation, foundation, |
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community chest, church, or fund organized and operated exclusively |
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for charitable, religious, prevention of cruelty to children or |
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animals, youth sports and youth recreational, neighborhood crime |
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prevention or patrol, fire protection or prevention, emergency |
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medical or hazardous material response services, or educational |
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purposes, including private primary or secondary schools if |
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accredited by a member association of the Texas Private School |
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Accreditation Commission but excluding fraternities, sororities, |
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and secret societies, or is organized and operated exclusively for |
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the promotion of social welfare by being primarily engaged in |
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promoting the common good and general welfare of the people in a |
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community; |
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(B) any bona fide charitable, religious, |
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prevention of cruelty to children or animals, youth sports and |
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youth recreational, neighborhood crime prevention or patrol, or |
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educational organization, excluding fraternities, sororities, and |
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secret societies, or other organization organized and operated |
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exclusively for the promotion of social welfare by being primarily |
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engaged in promoting the common good and general welfare of the |
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people in a community, and that: |
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(i) is organized and operated exclusively |
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for one or more of the above purposes; |
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(ii) does not engage in activities which in |
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themselves are not in furtherance of the purpose or purposes; |
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(iii) does not directly or indirectly |
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participate or intervene in any political campaign on behalf of or |
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in opposition to any candidate for public office; |
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(iv) dedicates its assets to achieving the |
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stated purpose or purposes of the organization; |
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(v) does not allow any part of its net |
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assets on dissolution of the organization to inure to the benefit of |
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any group, shareholder, or individual; and |
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(vi) normally receives more than one-third |
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of its support in any year from private or public gifts, grants, |
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contributions, or membership fees; |
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(C) a homeowners association as defined by |
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Section 528(c) of the Internal Revenue Code of 1986 or which is |
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exempt from federal income tax under Section 501(a) of the Internal |
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Revenue Code of 1986 by being listed as an exempt organization in |
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Section 501(c)(4) of the code; |
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(D) a volunteer center, as that term is defined |
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by Section 411.126, Government Code; [or] |
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(E) a local chamber of commerce that: |
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(i) is exempt from federal income tax under |
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Section 501(a) of the Internal Revenue Code of 1986 by being listed |
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as an exempt organization in Section 501(c)(6) of the code; |
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(ii) does not directly or indirectly |
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participate or intervene in any political campaign on behalf of or |
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in opposition to any candidate for public office; and |
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(iii) does not directly or indirectly |
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contribute to a political action committee that makes expenditures |
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to any candidates for public office; or |
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(F) any organization exempt from federal income |
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tax under Section 501(a) of the Internal Revenue Code of 1986 by |
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being listed as an exempt organization in Section 501(c)(3) or |
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501(c)(5) of the code, if it is an organization or corporation |
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organized and operated exclusively for wildfire mitigation, range |
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management, or prescribed burning purposes. |
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SECTION 2. Section 352.081(f), Local Government Code, is |
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amended to read as follows: |
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(f) This section does not apply to outdoor burning |
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activities: |
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(1) related to public health and safety that are |
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authorized by the Texas Commission on Environmental Quality for: |
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(A) firefighter training; |
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(B) public utility, natural gas pipeline, or |
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mining operations; or |
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(C) planting or harvesting of agriculture crops; |
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[or] |
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(2) that are conducted by a certified and insured |
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prescribed burn manager certified under Section 153.048, Natural |
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Resources Code, and meet the standards of Section 153.047, Natural |
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Resources Code; or |
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(3) that are conducted by the members of a prescribed |
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burning organization under the conditions provided by Section |
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153.049, Natural Resources Code, and meet the standards of Section |
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153.047, Natural Resources Code. |
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SECTION 3. Section 153.001, Natural Resources Code, is |
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amended by adding Subdivision (3) to read as follows: |
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(3) "Prescribed burning organization" means an |
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organization described by Section 153.049. |
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SECTION 4. Section 153.004, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.004. PRESCRIBED BURNING IN STATE OF EMERGENCY OR |
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DISASTER. A certified and insured prescribed burn manager or the |
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members of a prescribed burning organization may conduct a burn in a |
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county in which a state of emergency or state of disaster has been |
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declared by the governor or the president of the United States, |
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unless the declaration expressly prohibits all outdoor burning. |
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SECTION 5. Section 153.046, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.046. DUTIES. The board shall: |
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(1) establish standards for prescribed burning; |
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(2) develop a comprehensive training curriculum for |
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certified and insured prescribed burn managers; |
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(3) establish standards for certification, |
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recertification, and training for certified and insured prescribed |
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burn managers; |
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(4) establish minimum education and professional |
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requirements for instructors for the approved curriculum; [and] |
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(5) establish insurance requirements for certified |
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and insured prescribed burn managers in amounts not less than those |
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required by Section 153.082; and |
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(6) establish minimum insurance requirements for |
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prescribed burning organizations. |
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SECTION 6. Section 153.047, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.047. PRESCRIBED BURNING STANDARDS. Minimum |
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standards established by the board for prescribed burning must: |
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(1) ensure that prescribed burning is the controlled |
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application of fire to naturally occurring or naturalized |
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vegetative fuels under specified environmental conditions in |
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accordance with a written prescription plan: |
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(A) designed to confine the fire to a |
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predetermined area and to accomplish planned land management |
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objectives; and |
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(B) that conforms to the standards established |
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under this section; |
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(2) require that: |
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(A) at least one certified and insured prescribed |
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burn manager is present on site during the conduct of the prescribed |
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burn; or |
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(B) the burn be conducted by the members of a |
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prescribed burning organization; |
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(3) establish appropriate guidelines for size of |
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burning crews sufficient to: |
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(A) conduct the burn in accordance with the |
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prescription plan; and |
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(B) provide adequate protection for the safety of |
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persons and of adjacent property; |
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(4) include standards for notification to adjacent |
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land owners, the Texas Commission on Environmental Quality, and |
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local fire authorities; and |
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(5) include minimum insurance requirements for |
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certified and insured prescribed burn managers and prescribed |
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burning organizations. |
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SECTION 7. Subchapter B, Chapter 153, Natural Resources |
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Code, is amended by adding Section 153.049 to read as follows: |
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Sec. 153.049. PRESCRIBED BURNING ORGANIZATIONS. The |
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members of a charitable organization, as defined by Section 84.003, |
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Civil Practice and Remedies Code, that is organized and operated |
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for prescribed burning purposes may conduct a burn under this |
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chapter if: |
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(1) the member in charge of the burn has completed the |
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approved training curriculum described by Section 153.048(a); and |
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(2) the organization has insurance coverage in an |
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amount not less than the amount established by the board under |
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Section 153.046. |
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SECTION 8. Section 153.081(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) Subject to Section 153.082, an owner, lessee, or |
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occupant of agricultural or conservation land is not liable for |
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property damage or for injury or death to persons caused by or |
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resulting from prescribed burning conducted on the land owned by, |
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leased by, or occupied by the person if the prescribed burning is |
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conducted: |
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(1) under the supervision of a certified and insured |
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prescribed burn manager; or |
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(2) by the members of a prescribed burning |
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organization. |
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SECTION 9. Section 153.082, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 153.082. INSURANCE. The limitation on liability |
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under Section 153.081 does not apply to an owner, lessee, or |
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occupant of agricultural or conservation land unless: |
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(1) the burn is conducted under the supervision of a |
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certified and insured prescribed burn manager who [conducting a
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burn on the land] has liability insurance coverage: |
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(A) of at least $1 million for each single |
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occurrence of bodily injury or death, or injury to or destruction of |
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property; and |
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(B) with a policy period minimum aggregate limit |
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of at least $2 million; [or] |
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(2) the owner, lessee, or occupant is a governmental |
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unit, as that term is defined by Section 2259.001, Government Code, |
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that has a self-insurance program that provides the amount of |
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coverage required by Subdivision (1); or |
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(3) the burn is conducted by the members of a |
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prescribed burning organization that has insurance coverage in an |
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amount not less than the amount established by the board under |
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Section 153.046. |
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SECTION 10. Not later than November 1, 2015, the Prescribed |
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Burning Board shall adopt rules to establish minimum insurance |
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requirements for prescribed burning organizations as provided by |
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Section 153.046(6), Natural Resources Code, as added by this Act. |
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SECTION 11. This Act takes effect September 1, 2015. |
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